I 797 approved but I94 and visa expiring...

[H1VisaUser]

Hi,

First of all, thanks a lot for this forum for helping or advising people in correct direction.
My situation and related query is as below...
1) I was working with Employer A and I got first I797 approved in 2015. I got H1B visa stamped from 1st Dec 2015 till 30th Nov 2016. In short, my H1B stamp on passport and recent I94 is expiring on 30th Nov 2016.
2) Now, I changed my employer (say Employer B) and my H1B got transferred, so I797 (petition) is approved till 2019. But new approval copy comes with old I94 number on it.

Query:-
1) As mentioned in first point above, my H1B stamp and I94 are expiring on 30th Nov 2016, but my new I797 with Employer B is valid till 2019. So can i stay in US without stamping new H1B visa and with expired I94 beyond 30th Nov 2016?
2) Is there any way to get I94 extended without traveling out of USA.

[raghvi]

Hi,

First of all, thanks a lot for this forum for helping or advising people in correct direction.
My situation and related query is as below...
1) I was working with Employer A and I got first I797 approved in 2015. I got H1B visa stamped from 1st Dec 2015 till 30th Nov 2016. In short, my H1B stamp on passport and recent I94 is expiring on 30th Nov 2016.
2) Now, I changed my employer (say Employer B) and my H1B got transferred, so I797 (petition) is approved till 2019. But new approval copy comes with old I94 number on it.

Query:-
1) As mentioned in first point above, my H1B stamp and I94 are expiring on 30th Nov 2016, but my new I797 with Employer B is valid till 2019. So can i stay in US without stamping new H1B visa and with expired I94 beyond 30th Nov 2016?
2) Is there any way to get I94 extended without traveling out of USA.

The new I797 should have a I94 expiry at the bottom of it. What's the date on it?

This is my opinion not legal advice.

[H1VisaUser]

The new I797 should have a I94 expiry at the bottom of it. What's the date on it?

This is my opinion not legal advice.

New approved I797 has I94 at the bottton and has date mentioned as valid from June 2016 till May 2019 but when I download the recent I94, it shows previous expiry date as 30th Nov 2016. Its not updated. So is it because I havent travelled out of USA since H1b transfer approved?

[raghvi]

New approved I797 has I94 at the bottton and has date mentioned as valid from June 2016 till May 2019 but when I download the recent I94, it shows previous expiry date as 30th Nov 2016. Its not updated. So is it because I havent travelled out of USA since H1b transfer approved?

Online I94 does not get updated when extension is done within US. It is updated only when you leave and re enter, provided CBP officer gives you I94 till I797. For all practical purposes, as long as you stay in US , the I94 date that came with I797 will be valid.

This is my opinion not legal advice.

[H1VisaUser]

Online I94 does not get updated when extension is done within US. It is updated only when you leave and re enter, provided CBP officer gives you I94 till I797. For all practical purposes, as long as you stay in US , the I94 date that came with I797 will be valid.

This is my opinion not legal advice.

Thanks a lot raghvi for clarifying my doubt. Appreciate that,...